Willis v. Mullett

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

This appeal involves the constitutionality of a statute that reduces the tolling period provided for infants’ tort claims if those claims allege medical malpractice.

I

Code § 8.01-229(A)(2)(a) provides that “[i]f an infant becomes entitled to bring [an] action, the time during which he is within the age of minority shall not be . . . counted as any part of the period within which the action must be brought.” In 1987, the legislature reduced this tolling period for infants with medical malpractice claims by requiring that any such actions…